Sand Key OWS Series II

In consideration for permission to participate in Madeira Beach Open Water Swim and Run-Swim-Run (the “Event”), provided by Sunshine Swim Series, LLC I hereby acknowledge and attest the following: 1. I acknowledge that training and/or participating in a fitness activity related to open water swimming, pool swimming, triathlon, running, or cycling is an extreme test of a person’s physical and mental limits. 2. Participation in the Event poses risks of serious bodily injury, death or property damage. I am doing this voluntarily and recognize the inherent risks in any type of endurance training/racing. 3. I hereby attest that I am in good health and my physical condition has been verified by a licensed medical doctor and furthermore, that the licensed medical doctor has been advised that I intend to participate in these activities 4. I willingly assume the above referenced risks associated with participation in the Event. 5. I understand that my participation in the Event is contingent upon my consent to the terms and conditions of this agreement. I HEREBY WAIVE AND RELEASE THE FOLLOWING PARTIES FOR AND FROM ALL LOSSES, DAMAGES, LIABILITIES AND EXPENSES WHICH CAN BE CLAIMED AGAINST SUNSHINE SWIM SERIES LLC, AND/OR OWS CROSSTRAINING WITH LEO LLC FOR ANY INJURIES OR DAMAGES TO PERSON OR PROPERTY OF ANY PERSONS WHATSOEVER, IN LAW OR IN EQUITY, UPON OR BY REASON OF ANY MATTER, CAUSE OR THING IN ANY WAY RELATING TO OR ARISING OUT OF PARTICIPATION IN THE EVENT AND ANY TRANSPORTATION SERVICES THAT MAY BE PROVIDED BEFORE, DURING, AND AFTER THE EVENT INCLUDING BUT NOT LIMITED TO THOSE ARISING FROM NEGLIGENCE AND/OR GROSS NEGLIGENCE, AND THE CONSEQUENCES FLOWING THEREFROM, RESULTING, OR TO RESULT, OR WHICH MIGHT RESULT FROM THE PARTICIPATION IN THE EVENT: 1. SUNSHINE SWIM SERIES LLC, SUNSHINE SWIM SERIES, LLC’S, PAST, PRESENT, AND FUTURE SHAREHOLDERS, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, PRINCIPALS, AGENTS, SERVANTS, INDEPENDENT CONTRACTORS, REPRESENTATIVES, PARENT CORPORATIONS, SUBSIDIARIES, AFFILIATES, PREDECESSORS, SUCCESSORS, ASSIGNS, ATTORNEYS, INSURERS, VOLUNTEERS, EVENT SPONSORS, AND OTHER PERSONS WHO MIGHT BE CHARGED WITH RESPONSIBILITY FOR THE RELEASED CLAIMS AND 2. OWS CROSSTRAINING WITH LEO LLC, OWS CROSSTRAINING WITH LEO, LLC’S PAST, PRESENT, AND FUTURE SHAREHOLDERS, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, PRINCIPALS, AGENTS, SERVANTS, INDEPENDENT CONTRACTORS, REPRESENTATIVES, PARENT CORPORATIONS, SUBSIDIARIES, AFFILIATES, PREDECESSORS, SUCCESSORS, ASSIGNS, ATTORNEYS, INSURERS, VOLUNTEERS, EVENT SPONSORS, AND OTHER PERSONS WHO MIGHT BE CHARGED WITH RESPONSIBILITY FOR THE RELEASED CLAIMS AND 3. THE OWNERS, LESSORS, LESSEES, OR MANAGERS OF THE PERMISES USED TO CONDUCT THE EVENT (REFERRED TO COLLECTIVELY AS THE “RELEASED PARTIES”) AND 4. OTHER PARTIPANTS, SPONSORS, MUNICIPALITIES, GOVENRMENTAL AGENCIES, INTERNATIONAL GOVERNING BODIES OR ORGNAZATIONS, REFEREES, JUDGES, UMPIRES, AND/OR ADVERTISERS. I agree that my photograph, likeliness, or picture and/or my voice (“my likeness”) may be taken, recorded or captured by Sunshine Swim Series, LLC, and OWS Crosstraining with Leo LLC, and any other participants in the event. I consent to the use of my likeness in any official documentary, promotional marketing, television, radio, website, social media, or film without compensation. I agree that this Event is non-refundable and understand that the organizers of the event have the right to cancel the event in any situation including but limited to the following: hurricanes, storms, excessive winds, excessive heat, dangerous water conditions, dangerous weather conditions, denial and/or revocation of permits and/or permissions by local, state, or federal government institutions, organizations, or agencies, lack of participants, acts of God, accident, riots, war, terrorist acts, epidemic, pandemic, quarantine, civil commotion, breakdown of communication facilities, breakdown of web host, breakdown of internet service provider, natural catastrophes, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion, generalized lack of availability of venue. I understand that Sunshine Swim Series LLC and OWS Crosstraining with Leo, LLC have the sole discretion to cancel the Event. I consent to any emergency medical treatment deemed necessary by medical professionals or Event personnel to treat any injuries or medical conditions that may arise from my participation in the Event. I agree that Sunshine Swim Series, LLC and OWS Crosstraining with Leo LLC may release any medical or emergency information that I provided to them in order to aid in the evaluation or treatment of any injury or illness caused or contributed to by my participation in the Event to onsite medical personnel. I agree that I have relied upon, or had the opportunity to seek, independent legal advice from an attorney of my choice with respect to this release and its consequences. I represent that this release is executed without reliance upon any statement or representation by the Sunshine Swim Series LLC or OWS Crosstraining with Leo LLC or their representatives, (b) I have read the foregoing release and fully understand it, (c) the release is executed freely and voluntarily and (d) I am of legal age and legally competent to execute this release and accept full responsibility therefore. This Agreement constitutes the entire agreement between the parties as to this Agreement. No modification, waiver, amendment, discharge or change of this Agreement shall be valid unless the same is in writing and signed by the party against which the enforcement of such modification, waiver, amendment, discharge or change is sought. This Agreement shall be construed, enforced and interpreted in accordance with the laws of the State of Florida. Any disputes over this agreement shall be brought forth in the courts of the Sixth Judicial Circuit in the County of Pinellas. I AGREE THAT I HAVE READ THIS AGREEMENT IN ITS ENTIRETY. I AGREE THAT THIS RELEASE IS BINDING UPON MYSELF, MY ESTATE, MY HEIRS, AND ANY CURRENT AND FUTURE BENEFICIARIES THAT I MAY HAVE.

READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF SUNSHINE SWIM SERIES, LLC & OWS CROSSTRAINING WITH LEO, LLC USE REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM YOU ARE GIVING UP YOUR CHILD’s RIGHT AND YOUR RIGHT TO RECOVER FROM SUNSHINE SWIM SERIES, LLC & OWS CROSSTRAINING WITH LEO AS DEFINED BELOW IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND SUNSHINE SWIM SERIES, LLC & OWS CROSSTRAINING WITH LEO HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM. In consideration for permission to participate in Madeira Beach Open Water Swim and Run-Swim-Run (the “Event”), provided by Sunshine Swim Series, LLC I hereby acknowledge and attest the following: 1. I acknowledge that training and/or participating in a fitness activity related to open water swimming, pool swimming, triathlon, running, or cycling is an extreme test of a person’s physical and mental limits. 2. Participation in the Event poses risks of serious bodily injury, death or property damage. I am doing this voluntarily and recognize the inherent risks in any type of endurance training/racing. 3. I am the parent or legal guardian of the below-referenced child. 4. I hereby attest that my child is in good health and my child’s physical condition has been verified by a licensed medical doctor and furthermore, that the licensed medical doctor has been advised that my child intends to participate in these activities 5. I willingly assume the above referenced risks associated with participation in the Event on behalf of my child. 6. I understand that my child’s participation in the Event is contingent upon my consent to the terms and conditions of this agreement. I HEREBY WAIVE AND RELEASE THE FOLLOWING PARTIES FOR AND FROM ALL LOSSES, DAMAGES, LIABILITIES AND EXPENSES WHICH CAN BE CLAIMED AGAINST SUNSHINE SWIM SERIES LLC, AND/OR OWS CROSSTRAINING WITH LEO LLC FOR ANY INJURIES OR DAMAGES TO PERSON OR PROPERTY OF ANY PERSONS WHATSOEVER, IN LAW OR IN EQUITY, UPON OR BY REASON OF ANY MATTER, CAUSE OR THING IN ANY WAY RELATING TO OR ARISING OUT OF PARTICIPATION IN THE EVENT ANY TRANSPORTATION SERVICES THAT MAY BE PROVIDED BEFORE, DURING, AND AFTER THE EVENT INCLUDING BUT NOT LIMITED TO THOSE ARISING FROM NEGLIGENCE AND/OR GROSS NEGLIGENCE, AND THE CONSEQUENCES FLOWING THEREFROM, RESULTING, OR TO RESULT, OR WHICH MIGHT RESULT FROM THE PARTICIPATION IN THE EVENT: 1. SUNSHINE SWIM SERIES LLC, SUNSHINE SWIM SERIES, LLC’S, PAST, PRESENT, AND FUTURE SHAREHOLDERS, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, PRINCIPALS, AGENTS, SERVANTS, INDEPENDENT CONTRACTORS, REPRESENTATIVES, PARENT CORPORATIONS, SUBSIDIARIES, AFFILIATES, PREDECESSORS, SUCCESSORS, ASSIGNS, ATTORNEYS, INSURERS, VOLUNTEERS, EVENT SPONSORS, AND OTHER PERSONS WHO MIGHT BE CHARGED WITH RESPONSIBILITY FOR THE RELEASED CLAIMS AND 2. OWS CROSSTRAINING WITH LEO LLC, OWS CROSSTRAINING WITH LEO, LLC’S PAST, PRESENT, AND FUTURE SHAREHOLDERS, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, PRINCIPALS, AGENTS, SERVANTS, INDEPENDENT CONTRACTORS, REPRESENTATIVES, PARENT CORPORATIONS, SUBSIDIARIES, AFFILIATES, PREDECESSORS, SUCCESSORS, ASSIGNS, ATTORNEYS, INSURERS, VOLUNTEERS, EVENT SPONSORS, AND OTHER PERSONS WHO MIGHT BE CHARGED WITH RESPONSIBILITY FOR THE RELEASED CLAIMS AND 3. THE OWNERS, LESSORS, LESSEES, OR MANAGERS OF THE PERMISES USED TO CONDUCT THE EVENT (REFERRED TO COLLECTIVELY AS THE “RELEASED PARTIES”) AND 4. OTHER PARTIPANTS, SPONSORS, MUNICIPALITIES, GOVENRMENTAL AGENCIES, INTERNATIONAL GOVERNING BODIES OR ORGNAZATIONS, REFEREES, JUDGES, UMPIRES, AND/OR ADVERTISERS. I agree that my child’s photograph, likeliness, or picture and/or my child’s voice (“likeness”) may be taken, recorded or captured by Sunshine Swim Series, LLC, and OWS Crosstraining with Leo LLC, and any other participants in the event. I consent to the use of my child’s likeness in any official documentary, promotional marketing, television, radio, website, social media, or film without compensation. I agree that this Event is non-refundable and understand that the organizers of the event have the right to cancel the event in any situation including but limited to the following: hurricanes, storms, excessive winds, excessive heat, dangerous water conditions, dangerous weather conditions, denial and/or revocation of permits and/or permissions by local, state, or federal government institutions, organizations, or agencies, lack of participants, acts of God, accident, riots, war, terrorist acts, epidemic, pandemic, quarantine, civil commotion, breakdown of communication facilities, breakdown of web host, breakdown of internet service provider, natural catastrophes, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion, generalized lack of availability of venue. I understand that Sunshine Swim Series LLC and OWS Crosstraining with Leo, LLC have the sole discretion to cancel the Event. I consent to any emergency medical treatment deemed necessary by medical professionals or Event personnel to treat any injuries or medical conditions that may arise from my child’s participation in the Event. I agree that Sunshine Swim Series, LLC and OWS Crosstraining with Leo LLC may release any medical or emergency information that I provided to them in order to aid in the evaluation or treatment of any injury or illness caused or contributed to by my child’s participation in the Event to onsite medical personnel. I agree that I have relied upon, or had the opportunity to seek, independent legal advice from an attorney of my choice with respect to this release and its consequences. I represent that this release is executed without reliance upon any statement or representation by the Sunshine Swim Series LLC or OWS Crosstraining with Leo LLC or their representatives, (b) I have read the foregoing release and fully understand it, (c) the release is executed freely and voluntarily and (d) I am of legal age and legally competent to execute this release and accept full responsibility therefore. This Agreement constitutes the entire agreement between the parties as to this Agreement. No modification, waiver, amendment, discharge or change of this Agreement shall be valid unless the same is in writing and signed by the party against which the enforcement of such modification, waiver, amendment, discharge or change is sought. This Agreement shall be construed, enforced and interpreted in accordance with the laws of the State of Florida. Any disputes over this agreement shall be brought forth in the courts of the Sixth Judicial Circuit in the County of Pinellas. I AGREE THAT I HAVE READ THIS AGREEMENT IN ITS ENTIRETY. I AGREE THAT THIS RELEASE IS BINDING UPON MY CHILD, MYSELF, MY CHILD’S ESTATE, MY ESTATE, MY HEIRS, AND ANY CURRENT AND FUTURE BENEFICIARIES THAT I AND MY CHILD MAY HAVE.